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INSURANCE NOT REQUIRED <br />WORK MAY PROCEED <br />CLERK OF COUNCII, <br />"°T`SE? <br />o , zozo <br />o" 1 �Csl�l�S��VI�LVCVAS11 DATA SHARING AGREEMENT (DSA) <br />A-2020-160 <br />This Data Sharing Agreement ("DSA") is entered into on this 181h day of August, 2020 by and between <br />Santa Ana Unified School District, (hereinafter referred to as "SAUSD" or "District"), and the City of Santa <br />Ana, a chartercity and municipal corporation "City"), on behalf of the Santa Ana Public Library (hereinafter <br />referred to as "City" or "SAPL"). <br />RECITALS <br />WHEREAS, in order to provide the Student Success Library Card Program described in the MOU, <br />the City may receive and the SAUSD may provide documents or data that are covered by several federal <br />statues, among them, the Family Educational Rights and Privacy Act ("FERPA") at 20 U.S.C. 1232g (34 CFR <br />Part 99), Children's Online Privacy Protection Act ("COPPA"), 15 U.S.0 6501-6506; Protection of Pupil <br />Rights Amendment ("PPRA) 20 U.S.C. 123h; and <br />WHEREAS, the documents and data transferred from SAUSD and created by the SAPL's Student <br />Success Library Card Program are also subject to California state student privacy laws, including AB 1584, <br />found at California Education Code Section 49073.1 and the Student Online Personal Information <br />Protection Act ("SOPIPA") found at California Business and Professions Code section 22584; and <br />WHEREAS, for the purposes of this DSA, SAPL is a public library with legitimate educational <br />interests in accessing students' records pursuant to the MOU conforms to the requirements of the privacy <br />laws referred to above and to establish implementing procedures and duties. <br />NOW THEREFORE, for good and valuable consideration, the parties agree as follows: <br />ARTICLE 1: PURPOSE AND SCOPE <br />1. Purpose of DSA: The purpose of this DSA is to describe the duties and responsibilities to protect <br />student data transmitted to City from SAUSD pursuant to the MOU, including compliance with all <br />applicable statues, including the FERPA, PPRA, COPPA, SOPIPA, AB 1584, and other applicable <br />California State laws, all as may be amended from time to time. In performing these services, the <br />SAPL shall be considered a School Official with a legitimate educational interest. <br />2. Nature of Services Provided: The SAPL has agreed to provide the Student Success Library Card <br />Program described in the MOU and as may be further outlined in Exhibit A. <br />3. Student Data to Be Provided: SAUSD will provide student data to SAPL's integrated library system <br />via a secure electronic delivery method. Such shared student data shall consist of participating <br />student's name, student ID number, home address, grade, school, and the student's <br />parent's/guardian's name, phone number and/or email address. <br />ARTICLE II: DATA OWNERSHIP AND AUTHORIZED ACCESS <br />1. Student Data Property of SAUSD: All student data transmitted to the SAPL pursuant to the MOU <br />is and will continue to be the property of and under the control of the SAUSD. The parties agree <br />that as between them, all rights, including all intellectual property rights in and to student data <br />contemplated per the MOU shall remain the exclusive property of the SAUSD. For the purpose of <br />